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Supreme Court of India 2019-02-12 allowed

Bayaji Sambhu Mali @ Borate (D) Through Lrs vs Nazir Mohammed Balal Zari through GPA Holder & Ors

Bench: 2 — K.M. Joseph

In Brief

This case involved a tenant claiming deemed purchase rights over agricultural land under the Bombay Tenancy and Agricultural Lands Act, 1948. The landlord, who was a minor at Tillers' Day (1 April 1957), later sought possession for personal cultivation but his application was rejected at all levels—original authority, appeal, and tribunal. The Supreme Court held that where a landlord's application for possession is rejected at the final level, the tenant automatically acquires deemed purchase status and need not comply with the notice requirement under Section 32F(1A). The Court distinguished between automatic deemed purchase (Section 32) and optional purchase requiring notice (Section 32F), holding these are mutually exclusive. The appeals were allowed, and the original order favoring the tenant was restored."

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Tenancy Law Agricultural Land Landlord and Tenant Land Acquisition Statutory Interpretation Deemed Purchase

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